Combine Solicitation – Preventive Maintenance Agreement for a Leica Bond-maX Stainer System
Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: Preventive Maintenance Agreement for a
Classification Code: J - Maintenance, repair & rebuilding of equipment
Solicitation Number: FDA_
Contact:
Setaside: Total Small BusinessTotal Small Business
Place of Performance (address): Food and Drug AdministrationCenter for Biologics Evaluation and Research
Place of Performance (zipcode): 20993
Place of Performance Country: US
Description:
Document Type: Combined Synopsis/Solicitation Solicitation Number: FDA_
Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 "Streamlined Procedures for Evaluation and Solicitation for Commercial Items", as supplemented with additional information included on this notice and in conjunction with FAR Part 13.106, utilizing Simplified Acquisition Procedures. This announcement constitutes the only solicitation; offers are being requested, and a written solicitation document will not be issued. The solicitation number is FDA_
Minimum Performance Requirements (Base + 4 (1-year Maintenance Option periods): * The Contractor shall provide one (1) scheduled on-site planned preventive maintenance visit per year. * The Contractor shall provide unlimited On-Site Corrective Maintenance/Repairs within 3 business days of call for service where problems cannot be resolved remotely after 2 business days. * The Maintenance and Repair activities shall be performed following the Original Equipment Manufacturer (OEM) specifications, manuals, and service bulletins, using OEM-certified replacement parts, components, subassemblies, etc. * The Maintenance service shall cover the entire
Period of Performance:
Base:
Option Year 1:
FOB Destination: Contract Type: Firm Fixed Price Commercial Item - Firm fixed price. Simplified procurement procedures will be utilized. An official authorized to bind the Offeror must sign the terms and conditions of the offer. Offerors that fail to furnish required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration.
CLIN DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE 0001 Preventive Maintenance 12 months $_____________ $___________ Agreement as described in the Minimum Performance Requirements section
CLIN DESCRIPTION QUANTITY UNIT PRICE TOTAL
0002 OY1 Maintenance 12 months $ _________ $ __________
0003 OY2 Maintenance 12 months $ _________ $ __________
0004 OY3 Maintenance 12 months $ _________ $ __________
0005 OY4 Maintenance 12 months $ _________ $ __________
*Option Year 1: - Service Maintenance agreement for a Bond-maX immunohistochemistry (IHC) and in situ hybridization (ISH) stainer system (Serial Number: M212198) and VT1200S (Serial Number: 1199)
Services as described in the Minimum Performance Requirements section above
*Option Year 2: - Service Maintenance agreement for a Bond-maX immunohistochemistry (IHC) and in situ hybridization (ISH) stainer system (Serial Number: M212198) and VT1200S (Serial Number: 1199)
Services as described in the Minimum Performance Requirements section above
*Option Year 3: - Service Maintenance agreement for a Bond-maX immunohistochemistry (IHC) and in situ hybridization (ISH) stainer system (Serial Number: M212198) and VT1200S (Serial Number: 1199)
Services as described in the Minimum Performance Requirements section above
*Option Year 4: - Service Maintenance agreement for a Bond-maX immunohistochemistry (IHC) and in situ hybridization (ISH) stainer system (Serial Number: M212198) and VT1200S (Serial Number: 1199)
Services as described in the Minimum Performance Requirements section above
Total Price and Options (Clins 1-5): $_______________________
GSA Contract Number (If applicable): _______________________
Place of Performance: Food and
Clauses and Provisions: The full text of FAR and HHSAR provisions and clauses may be accessed electronically at http://acquisition.gov/far/index.html or https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html.
CLAUSES
FAR 52.212-4 Contract Terms and Conditions-Commercial Items (
The following FAR 52.212-4 addenda apply:
The supplies and/or services delivered hereunder shall be inspected and accepted at destination by the technical representative (TR) specified at award. If the supplies or services are acceptable, the TR shall promptly forward a report of inspection and acceptance to the paying office. If the supplies or services are not acceptable, the TR shall document the nonconforming items/services and immediately notify the contracting officer. Service Records and Reports
The Contractor shall, commensurate with the completion of each service call (inclusive of warranty service), provide the end-user of the equipment with a copy of a field service report/ticket identifying the equipment name, manufacturer, model number, and serial number of the equipment being serviced/repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair or otherwise perform the service, the name(s) and contact information of the technician who performed the repair/service, and for information purposes, the on-site hours expended and parts/components replaced. In addition, the Contractor shall provide a written report to the FDA TR and Contract Specialist, summarizing all maintenance and repair activities (including warranty work) each time service and/or repair is performed. The following additional provisions and/or clauses apply and incorporated by reference and apply to this acquisition. Clauses and provisions can be obtained at https://www.acquisition.gov/far/
The following FAR and HHSAR clauses, incorporated by reference, apply to this acquisition.
FAR 52.204-18 Commercial and Government Entity Code Maintenance (
FAR 52.217-9 Option to Extend the Term of the Contract (
(a) "...within one (1) calendar day of contract expiration;.....at least 30 calendar...." (c)"...shall not exceed 5 years."
FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (
HHSAR 352.203-70 Anti-Lobbying (
HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (
Payments
Payments for post-warranty service agreements will not be made more frequently than monthly in arrears. Advance payments will not be made.
FDA THREE-WAY-MATCH INVOICE SUBMISSION A. The contractor shall submit all invoices to:
The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) Direct or negotiate any changes in the statement of work; (2) Modify or extend the period of performance; (3) Change the delivery schedule (4) Authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) Otherwise change any terms and conditions of this contract.
The Contract Officer for this order is: XXXXX, Contracting Officer 3900 NCTR Road HFT-320
The TR is responsible for: Monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) Interpreting the statement of work and any other technical performance requirements; (3) Performing technical evaluation as required; (4) Performing technical inspections and acceptances required by this contract and; (5) Assisting in the resolution of technical problems encountered during performance.
The TR for this order is:
To be identified at time of award.
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (
The following solicitation provisions apply to this acquisition:
FAR 52.204-7 System for Award Management (
FAR 52.204-16 Commercial and Government Entity Code Reporting (
52.212-1 Instructions to Offerors-Commercial Items applies. (
The following FAR 52.212-1 addenda apply:
Prices shall be firm through
Offerors are afforded the opportunity to inspect the equipment, at their own expense, prior to the date set for receipt of quotes by contacting the Contract Specialist identified herein to schedule an appointment. Failure to inspect the equipment will not relieve the successful offeror from fully meeting the requirements of the resulting contract at the price offered.
In order for the quote to be determined technically capable, the vendor shall demonstrate that its proposed technical solution meets or exceeds the stated requirements. Price proposal must be detailed and represent the offeror's response to the schedule of items above. Technical capability will be determined and evaluated by review of information submitted by the offeror, which must provide sufficient technical information necessary for the Government to conclusively determine that the offered services meet the technical requirements identified above. Offerors shall specifically address the specifications stated above as well as technical specifications, descriptive material, literature, brochures and other information which demonstrates the capabilities of the offeror. Past Performance will be determined and evaluated by the identification of federal, state, local Government, or private contracts for which the offeror has, in the past three (3) years, for which the offeror has provided the same service on
Unless otherwise expressly notified by the Offeror, all quotes received in response to this solicitation shall be evaluated under the premise that the Offeror certifies that the combination of equipment maintenance/repair services its proposing to fulfill this requirement are exempt from the Service Contract Act per the conditions set forth in FAR 52.222-48 & FAR 22.1003-4(c). Based on this premise that the Offeror certifies that its proposed services are exempt under the terms and conditions of 52.222-48, FAR clause 52.222-51-Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements will be applicable to the resulting order. In the event that an Offeror determines its proposed services do not meet the exemption, they are to expressly notify the Contracting Officer in their quotation and the traditional Service Contract Act clauses 52.222-41, and 52.222-43 shall be included in the resulting order award as well as Wage Determination WD 15-4269 (Rev.-1) (first posted on
FAR CLAUSE 52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (
(a) The offeror shall check the following certification:
CERTIFICATION
The offeror [ ] does [ ] does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute- (1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.
The provision at FAR 52.212-2 Evaluation-Commercial Items applies. (
The Government will award the purchase order to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Technical capability (ii) Past Performance (iii) Price Technical and Past Performance, when combined, are significantly more important when compared to price in determining the best value to the Government; however, price remains a significant factor. Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the
The offer must reference solicitation FDA_
Link/URL: https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA_17-223-SOL-1185930/listing.html
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